beta
(영문) 수원지방법원 2014.11.19 2014고단5053

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant, at the C cafeteria parking lot located in the wife population B, on August 19, 2014, the Defendant called, “Ise the part of the victim, who was found to be a guest while working as a parking personnel of the said cafeteria, and the parking problem, and was frightd (25 cm a day length) while having a dispute, the Defendant saw the victim as a dangerous object, and said, “Ise the part of the victim’s neck.”

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of E and D;

1. Application of police seizure records, list of seized articles, and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;